Does anybody know?

Date: Apr 9, 2004

Does anybody know?

Date: Apr 9, 2004

quote:
Originally posted by: Invictus
"I have some questions. These are not assertions; these are questions... (1) What accounting firm handles SFT's and Southern Diversified Products' books? Coopers & Lybrand? Nicholson & Co.? (2) What does Southern Diversified Products LLC pay per square foot for space in the USM polymer science building? What is the fair market price per square foot for private lab facilities in the Hattiesburg area? What is the per-foot construction cost of these facilities? (Related question: Can area physicians rent out space in the biology department at the same rate instead of constructing their own labs?) (3) Were any current USM administrators involved in the passage of the Mississippi University Research Act prior to their employment at USM? (4) Were any IHL board members or involved in the $450,000 grant award to Southern Diversified Products by the Mississippi Development Authority? (5) What is the actual biological chronological age of Shelby F. Thames? (Do not trust the papers or the USM propaganda site www.usm.edu on this.) (6) If a lawyer tells you something is "legal," is it also moral & ethical? (7) Does USM exist primarily to "educate," as SFT says, or does it exist primarily to enrich selected people within the university & the Hattiesburg community?"

These are GREAT questions Invictus -- since all of us are pretty busy, maybe a way to do this is to start a research thread. We can share what we find, read each other's stuff. and people can pursue lines of research further as they have time. Since FS will see this, s/he can maybe weave the threads together as they begin to make sense --or one of our more active folks can start that as well.

Thoughts?

Date: Apr 9, 2004

quote:
Originally posted by: present professor
" These are GREAT questions Invictus -- since all of us are pretty busy, maybe a way to do this is to start a research thread. We can share what we find, read each other's stuff. and people can pursue lines of research further as they have time. Since FS will see this, s/he can maybe weave the threads together as they begin to make sense --or one of our more active folks can start that as well. Thoughts? "

I agree. I have some background in Research Administration, but don't know the answers to these questions. I have a feeling the answers may be harder to find than you might think.

Date: Apr 9, 2004

Here is some interesting information about MURA and Conflicts of Interest under MS state law. It would be interesting to know if any of the transactions discussed on this board implicate these rules and procedures.

SUMMARY OF MISSISSIPPI UNIVERSITY RESEARCH AUTHORITY ACT (MURA)1

The Mississippi Legislature created MURA in 1992 to facilitate economic development within the state by encouraging the development of cooperative ventures among the state's educational institutions, government and business.

The MURA Act provides that "notwithstanding any other provision of state law" [the Ethics in Government Act], an employee of a university may apply to MURA for permission to establish and maintain a material financial interest in a private e ntity which provides or receives equipment, material, supplies or services in connection with the university in order to facilitate the transfer of technology developed by the employee from the university to commercial and industrial enterprises for econo mic development.

Prior to making application to MURA, the employee must first receive approval in writing from the chief executive officer (CEO) of the university at which he or she is employed. Permission may be granted by the CEO only if all of the following conditi ons are met:

Employee provides detailed description of interest in private entity to CEO;
Fully describes nature of the undertaking to CEO;
Demonstrates to satisfaction of CEO that the proposed undertaking may benefit the economy of the state;
Demonstrates to satisfaction of CEO that the proposed undertaking will not adversely affect research public service or instructional activities at the university; and,
Employee's interest in the private entity, or benefit from the interest, will not adversely affect any substantial state interest.

After approval is given by the CEO, MURA may authorize an employee to maintain a material financial interests in a private entity if it considers the same information and factors submitted to the CEO, makes positive findings as to all, and reflects this f act on its minutes. The CEO of the university at which the employee is employed may require that the university have a share in any royalties, proceeds or equity positions from the proposed undertaking of the private entity.

Attachment B

SUMMARY OF MISSISSIPPI CONFLICT OF INTEREST STATUTE 2

The Mississippi Conflict of Interest statute is designed to prevent a public employee from realizing or giving the appearance of realizing personal gain for himself or herself, his or her business or family from official employment.

The Conflict of Interest statute prohibits any public servant [includes public employee] from using his or her official position to obtain pecuniary benefit for himself, herself, his or her relative, or business with which he or she is associated. Mor e specifically, a public employee is prohibited from doing any of the following:

Holding an interest in contract authorized while the employee was a member of the governmental entity or board approving the contract or for one year thereafter;
Contracting, subcontracting or selling to the governmental entity of which he or she is employed or having a material financial interest 3 in a business which contracts, subcontracts or sells to the entity;
Purchasing anything sold by him or her while acting in the course of employment;
Purchasing any security issued by the treasury of the governmental entity of which the employee is employed;
Performing any service for compensation during employment by which he or she attempts to influence a decision of the employing entity;
Performing any service for compensation after termination of public employment in connection with any case or decision with which he or she was directly concerned while in public office or employment;

Disclosing information gained in the course of or by reason of his or her employment in a way that could result in pecuniary benefit for himself or herself, relative, or any other person if the information has not been communicated to the public.

Not withstanding the above constraints, a public employee or his or her relative may do any of the following:

Be an officer or stockholder of banks or other financial institutions which are depositories of public funds or of a newspaper in which legal notices are required to be published;
Contract, subcontract, sell or have a material financial interest in a business which contracts or sells to a component part of which he or she is employed where such contract is let to the lowest and best bidder after competitive bidding and three or more legitimate bids are received or where the goods or services are reasonably available from two or fewer sources;
Contract, subcontract, sell or have a material financial interest in a business which contracts or sells to the component part of the governmental entity in which he or she is employed: (i) where such goods or services are reasonably available fro m two or fewer commercial sources; or (ii) where the contractual relationship involves the further research, development, testing promotion or merchandising of an intellectual property created by the public servant;
Purchase securities issued by the governmental entity of which he or she is an employee if such are offered to the general public and are purchased at the same price as offered to the public;
Have an interest less than a material financial interest in a business which contracts or sells to the employing governmental entity;
Be employed by or receive compensation from a component of the governmental entity other than the component part of the entity of which the employee is employed.

The statute contains provisions for the bringing of complaints against a public employee who violates this law by the Mississippi Ethics Commission, the attorney general or the district attorney in the county where the wrongful act occurred. Penalties include censure, removal from employment, reduction in pay or civil fines up to $5,000.

1 This summary covers only those portions of the MURA Act which address responsibilities of university employees. The sections of the Act concerning creation of the MURA Authority and formation of university research corporations are ommitted. The MURA Act in its entirety is found in Miss Code Ann. ## 37 - 147 -1- 37 - 147 - 15.

2 The Conflict of Interest statute is found in Miss. Code Ann ##25-4-101-25-4-113

3 A “material financial interest” is defined as a personal and pecuniary interest accruing to a public servant or spouse. However, the following shall not be deemed to be a material financial interest with respect to a business with which a public servant may be associated:

ownership of any interest of less than 10% of a business where the aggregate annual net income to the public servant is less than $1,000;
ownership of an interest less than 2% in a business where the aggregate annual net income to the public servant is less than $5,000.